So it appears that there is truth to the murmurings that a faction in the Duterte administration isn’t too confident that they will be able to enjoy the fruits of their labor once they step down from office on June 30 which is why there is the frenzy over the disqualification cases filed against Bongbong Marcos at the Comelec.
Much to my chagrin, you can’t do much research about disqualification in the Omnibus Election Code because the law is outdated. It still references the political structure of the 1973 Constitution. What you need to do is dig up Comelec Resolutions which are not easily accessed on their website. No wonder then why election lawyers have enjoyed a lucrative practice. So much for transparency.
At this point, the only available source is Comelec Spokesperson James Jimenez who has categorically stated that pre-election disqualification allows the candidate to be substituted by an individual with the same surname. As such, BBM can have Imee Marcos or Liza Marcos, substitute for him in the event he is disqualified before May 9.
The post-election disqualification takes a different route and results in rule of succession being followed which means the Vice-President succeeds the disqualified President. In turn, the Vice-President is nominated by the President subject to the confirmation of the majority of the Senators.
This scenario played out during the ouster of then President Joseph Estrada in 2001. Gloria Macapagal-Arroyo appointed Teofisto Guingona as Vice-President with the confirmation of the Senate. The question of the legitimacy of GMA’s assumption to the Presidency was washed over by Senators loyal to her and that of the Chief Justice of the Supreme Court, Hilario Davide, who invented the doctrine of constructive resignation, if only to validate his administering the oath of office to GMA at the EDSA Shrine.
It remains to be seen if this strategy, if you might call it that, has the blessings of the President. There are two vacancies in the Comelec which he needs to fill. Once done, all seven commissioners of the electoral body will have been appointed by him. Nearly the same is true with the Supreme Court, with more than the majority owing their appointments to Duterte. The two are the quasi-judicial and judicial bodies which are tasked with resolving the issue of the disqualification petitions against Marcos.
This opens up the scenario that the May election would nothing be but a formality in political compromise, if Marcos cooperates, if Marcos is able to hold on to his lead in the surveys. His non-participation in today’s KBP Presidential Forum is being justified by his apologists as inconsequential because he is leading Robredo by double-digits. But what these political hypocrites fail to realize is Marcos is duty-bound and obligated to present himself to the electorate. Why should he be exempt just because he is leading? Even Duterte was not that presumptuous in 2016.
The official campaign period begins on Tuesday, February 8. We should be hearing more from the President between now and April as the campaign draws to an end. The Comelec debate series will be the last stand of the candidates as this is when voters will likely make their final choices.
This election is not over yet. It can’t be called for Marcos. The dynamics of the race is bound to change as the voters get to know the candidates better with all the fora which have been scheduled between now and April.
What is clear now is there is still the Sword of Damocles hanging over Marcos’ head. What may be evident is Marcos will not be disqualified before election day as this will not deliver the expected outcome of those who are capable of engineering this scenario.
On the other hand, the opposition wants Marcos disqualified out of the stupid belief that Leni Robredo can win the Presidency with Marcos out of the race. This is not a certainty not with Ping Lacson delivering worthy performances in the various Presidential Interviews. Robredo may be in second place in the surveys but this will likely change with today’s KBP Presidential Forum where all of the candidates, except Marcos, will be present.
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