Sad commentary on the electoral justice system

Based on its recent decisions, the Commission on Elections might be deaf to former President Manuel L. Quezon's cryptic lament that "Justice delayed, is justice denied". Or, it could be that Comelec is more persuaded by the consolation that "It's better late than never".

Whatever be its persuasion notwithstanding, the recent spate of the Comelec resolutions of contested cases decided only lately with the proximity of the May 10, 2010 elections, does not speak well of the election body. Instead, these newly-resolved contests have spontaneously dismayed the public to ask brusquely: "Why only now?"

There's the Daanbantayan conflict between Augusto Corro and incumbent Mayor Sun Shimura, and incumbent VM Ma. Luisa Loot and Jose de Leon which the Comelec First Division ruled for Corro and De Leon as promulgated only on Feb. 17, 2010. This case had originated at the Bogo RTC that decided against Shimura and Loot, who elevated the case to the Comelec on petition for certiorari which the Comelec later dismissed.

The Bogo RTC granted the writ of execution twice, but the losing parties filed a motion for reconsideration that was denied, which they thereafter elevated to the Comelec en banc. In fact, their counsel has filed a motion for contempt against the RTC judge for issuing prematurely the writ of execution when the case is not yet final. In the interim though, the RTC has suspended the writ.

Both protagonists are running for the same positions on May 10, 2010. Meantime, should the judgment attain finality in their favor, Corro and De Leon's winning is moot and academic as their 2007 term shall have been overtaken by the coming elections; thus, a typical pyrrhic victory. And the contending electorate in ugly mood!

Another recent case is the conflict between Pampanga incumbent Governor Fr. Eduardo Panlilio and challenger Lilia Pineda which the Comelec Second Division headed by Commissioner Nicodemo Ferrer just recently promulgated for Lilia Pineda. Again, with the proximity of the May elections, winning Governor Lilia Pineda would be unable to serve even a single day of her 2007 term at all.

Likewise there's that other case of Bulacan sitting Governor Joselito Mendoza and contestant Roberto Pagdanganan, also just lately resolved by the Comelec in favor of Pagdanganan. Like the Panlilio vs. Pineda case, Pagdanganan as winning party may not be able to assume as Governor by virtue of his lapsed 2007 term.

Still another election contest in Cebu is between incumbent Congressman Benhur Salimbangon versus Celestino "Tining" Martinez III decided by the House of Representatives Electoral Tribunal for the former. On petition for review, the Supreme Court reversed the HRET, promulgated on January 12, 2010. Salimbangon holds on to his post as the SC judgment isn't final yet, especially that the Solicitor General representing the HRET, has intervened seeking oral argument.

Like the cited Comelec decided cases, even if Martinez prevails, he can no longer enjoy any tenure at all, as Congress is already adjourned, except to reconvene in joint session with the Senate to canvass the results of the presidential elections.

There's also that similar lingering conflict between Governor Grace Padaca against Benjamin Dy for the province of Nueva Vizcaya which has not also attained finality.

Sadly, the winning parties are left without a taste of their victory, overtaken by the forthcoming elections. The winning finality comes at or near the end of the contested term of office; thus, depriving not only the victorious parties, but also, the electorate who should have been entitled to be served by the rightful winners. Whatever be the reason for the delay in timely resolving such electoral contests, whether justified or not, the fact is that Quezon's lament stands like a sore thumb of "justice delayed is justice denied".

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