The combined implementation of all its recommendations will lead to credible and honest elections at all times and in all levels, as well as a more educated and vigilant voting population.

What does the revered retired Chief Justice recommend?

For the Comelec, the Report recommends that the electoral body amends its Rules of Procedures to allow for: (a) mandatory raffle of cases; (b) mandatory deliberation (en banc or division) of a case before the assignment to a ponente for the writing of opinion; (c) shorter periods for the availment of remedies for a more expeditious disposition of cases; (d) a new rule abolishing the municipal canvass of election returns insofar as national candidates are concerned.

It also recommends that the Comelec undertake capacity-building programs to professionalize its senior staff and improve the body’s internal management processes.

The former chief justice also believes that the Constitution must be amended in line with the following:

a. To fix the term of office of Members of the House of Representatives and provincial, city and municipal elective officials to four (4) years.

b. To de-synchronize the elections and hold, as a consequence, national and local elections on different dates.

c. To ban the appointment of elective local officials and Members of the House of Representatives to any public office during the term for which they were elected.

d. To ban the appointment of Senators to any public office within three (3) years from their election for a particular term.

e. To prohibit political dynasties (clear definition of which should already be made instead of definition being left to Congress) and to provide harsh sanctions for violations.

f. To prohibit elective public officials from changing their party affiliation during the term for which they were elected and provide harsh sanctions for violations.

g. To adopt certain electoral reforms proposed by the Consultative Commission:

i. Develop the party system

ii. Develop two major political parties

iii. Provide financial assistance to the political parties on the basis of their share of the votes cast

iv. Prohibit financial contributions from foreign governments

There are other recommendations as well that require legislative amendments to the Omnibus Election Code. Due to space constraints, let me discuss but a few of these proposed amendments. The Davide Report proposed that higher penalties be imposed for election offenses and that the penalty of imprisonment be restored for these offenses. I agree with this proposal in light of perennial violations in the posting of election paraphernalia including streamers, billboards, stickers, and posters. When elections are over, the people, not the candidates, are left with the gargantuan task of cleaning up their neighborhoods of unsightly posters and stickers that are often put up by the campaign staff of national and local candidates while everyone is fast asleep.

I also agree that the Omnibus Election Code should be amended in order to fix a certain period within which regular courts, in the exercise of original or appellate jurisdiction, shall decide election cases. Our political past is replete with anecdotes of poll protest cases being resolved only a few months or weeks before the advent of another election thus giving the genuine winner little chance to savor his or her victory.

In the Davide Report, the Department of Education is also called upon to include in its curriculum a subject on elections. It also proposes the creation of a Committee on Electoral Reforms composed of representatives from the Office of the President, Philippine Senate, House of Representatives, and the Comelec.

This corner commends Chief Justice Davide for his extraordinary work in putting together a clear blueprint for reforms in order to improve our electoral and political systems.

Note: Past articles may be viewed at http://www.news.ops.gov.ph/palace_bunye.htm