Chairman Ben Abalos is on the hot seat again

Get 10 lawyers to advice you on a legal issue and you’ll likely get 10 different recommendations. Be that as it may, the Comelec (Commission on Elections) legal department’s interpretation of a section of the law governing Party Lists gives a whole new twist to diversified opinion.

Section 7 of RA 7941 of the Party List System Act reads in full:

"Certified List of Registered Parties — The COMELEC shall, not later than sixty (60) days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalitions which have applied or who have manifested their desire to participate under the party-list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be shown on the certified list."

Legal Eagles argue that Section 7of RA 7941 did not want the names of the Party List nominees exhibited to prevent the wrong entry of a person’s name on the ballot, instead of the name of the Party. By force of habit, voters will tend to write a person’s name instead of the Party if the nominees were listed. Folks have been so used to voting for persons and not for parties.

However, Section 7 of RA 7941 isn’t meant to keep the representatives of the Party List group in secrecy from voters as the Comelec now insists. This absurd interpretation has engendered public outrage which is totally understandable.

This is a classic case of pursuing the letter of the law and using this to serve some other purpose other than the very spirit of the law and the essence of the electoral process itself. A successful electoral exercise depends of full disclosure and open exchange of ideas in order to promote an enlightened vote. In fact, beyond exchange of ideas, the clash of ideas is encouraged in order to provide the electorate with a diverse set of perspectives.

If we were to go by the thinking of the Comelec which wants people to vote only on the basis of an accredited Party List without the benefit of even knowing who are behind it, we will be turning this exercise into a game of chance.

Many believe that it is futile arguing this point with the Comelec. They now want to shift the fight to the Supreme Court whose recent decisions have more and more engendered public trust. The Holy Book guides us on matters that have come to this ridiculous stalemate. The Holy Book said: "None are so blind than those who do not want to see."

I really cannot fathom what goes on in the mind of Ben Abalos these days. I’ve known Ben since EDSA days. Up to the time Ben got associated with Gloria Macapagal-Arroyo (GMA), much of what he did reaped public approval. That’s until he got to the Comelec and as history would have it — until he worked with Garci.

At this stage of his life, I would imagine that someone like Ben would want to establish a legacy of respectable public service. All the more Ben should do that considering that his second generation has opted to follow in his footsteps. I would imagine that Ben would want nothing more than to erase the stigma of the 2004 elections — in the same manner that Garci is now running for congress in Bukidnon, reportedly to redeem his name.

From where I sit, wrecking another chair, Ben’s recent tangles with highly suspicious issues such as the Party List and the handling of nuisance candidate Jose Pepito Cayetano is not at all helping him lift the shadow of doubt that continues to hover over him and the election body in the aftermath of the Garci controversy.

Thank God that Ben and his team got themselves to finally resolve that bogus Peter Cayetano (Jose Pepito Cayetano was never known to use the name Peter until he registered as a Senate candidate) issue. Ben would do well to settle soonest this ridiculous issue about not disclosing the nominees of the Party List groups.

The surveys showing the Arroyo regime losing heavily in the national and local elections reinforce people’s suspicion that the regime will try the Party List system as a back door to filling the next congress with GMA defenders. If this happens, it will tie Ben to another dubious election operation.

What adds damage to Ben’s cause is the revelation by Rep. Etta Rosales that one of the highly-questionable Party List groups, Biyaheng Pinoy (a tricycle drivers group), is going to nominate Ben’s brother, Arsenio, who is a doctor. That injects a personal gain for the Abalos family behind the controversial Comelec stand on Section 7 of RA 7941.

Ben Abalos shouldn’t wait for the Supreme Court to settle the Party List issue. It serves him better to settle it himself.

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You may e-mail William M. Esposo at: [email protected]