E. T. Suarez
Acting Chairman Resurreccion Z. Borra sees a stronger, dynamic, and absolutely independent Commission on Elections (Comelec) which marked its 67th anniversary yesterday as a constitutional office in Intramuros, Manila.
Borra, moved by the homily during the thanksgiving mass highlighting a simple but meaningful anniversary celebration, expressed confidence that God, in His infinite wisdom, will always guide the poll body in the performance of its duty as guardian of the election laws.
He said that as proven in the Oct. 29, 2007 barangay and Sangguniang Kabataan (SK) synchronized elections, the Comelec can help restore public confidence in the electoral process if it always acts with impartiality and fairness.
The Comelec en banc, Borra said, opted for a simple anniversary celebration to enable it to explain to the public its role in all elections on all levels which are often misunderstood, particularly by parties who lost in the polls.
"Like in any other contest, there are bound to be losers and winners, but no matter how best and impartial the Comelec does its duty, the losers have always something bad to say about the conduct of Comelec officials. But we cannot help it," Borra lamented.
The Comelec, Borra added, exercises exclusive original jurisdiction under the Constitution over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
"Decisions, final orders, or ruling of the Commission on Elections on contests involving elective municipal and barangay offices shall be final, executory, and not appealable," Borra explained.
Borra said the Comelec en banc is often confronted with difficult legal issues, but it is providential that it is composed of seasoned officials whose integrity and wisdom are beyond reproach.
Aside from Borra, the Comelec en banc is composed of Commissioners Florentino A. Tuason Jr., Romeo A. Brawner, Rene V. Sarmiento, and Nicodemo T. Ferrer.
He said Tuason, before he joined the Comelec, was a practicing lawyer and later a Regional Trial Court judge in Makati City, while Brawner was prosecutor for 11 years, eight years as city judge, 12 years as RTC judge, associate justice of the Court of Appeals from Aug. 28, 1995 to Jan. 27, 2005, CA presiding justice from Jan. 28, 2005 to Sept. 16, 2005, 24 years as law professor, and 2005 Bar Examiner in Criminal Law.
Brawner was prevailed upon by President Arroyo to fill the post vacated by then controversial Commissioner Virgilio Garcillano, believing that Brawner’s impeccable records in public and private life will help restore public confidence in the Comelec that was eroded by the mess caused by Garcillano, Borra said.
Ferrer was a Sandiganbayan justice. He returned to law practice when he retired from the Sandiganbayan but he was convinced by former Chief Justice Hilario G. Davide Jr., now permanent Philippine ambassador to the United Nations, to accept the post in the Comelec for the sake of the country.
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