After much controversy surrounding the University Student Government (USG) General Elections (GE), the Commission on Elections (COMELEC) has decided to disqualify all ineligible candidates in an official statement released online last March 12. This came after the commission decided to strictly adhere to the Memorandum of Agreement (MOA) and no longer accept candidates who violated any clause in the agreement.
Previously, COMELEC decided to give four minor offenses to the two major political parties Santugon sa Tawag ng Panahon (Santugon) and Alyansang Tapat sa Lasallista (Tapat) as cumulative punishment for submitting incomplete and inconsistent requirements. However, after convening with the parties last March 11, the COMELEC agreed that they would instead follow the rule of the MOA to the letter.
As a result, the entire Santugon slate had been deemed ineligible to pursue any elected position, while only 36 candidates from Tapat were permitted to run. Of the independent candidates, only Joshua Martinez was disqualified from running.
In their statement, COMELEC declared the whole Santugon slate ineligible to run because they were unable to submit a soft copy of “Their Take” which is a requirement explicitly stated in the Election Code. Answers to “Their Take” questions are posted in polling sites during the election period. Meanwhile, Tapat candidates were also disqualified because of inconsistencies discovered in some of the Certificates of Candidacy (COC) they filed. On the other hand, Martinez was disqualified for being unable to file his COC on time.
What now?
With the decision of COMELEC, only 38 of the 75 seats in the USG have candidates running for the position, considering that they reach the 50 percent plus one minimum vote requirement. This means that only up to half of the seats in the student government can be filled by the end of March.
Furthermore, because of the resolution, there will be vacancies in the College of Computer Studies, College of Science, and Gokongwei College of Engineering. However, there are formal procedures regarding re-elections stated in the Election Code in addressing such a situation.
Article VII, Section 5 of the Election Code states, “The COMELEC shall call a re-election within the first four weeks of the following trimester of the academic year for vacancies arising from the disqualification of candidates and failure of elections.” As per the Election Code, three school days will be allotted for filing of candidacy. After which, another three days will be allotted for the campaign period. Finally, three days of election will be held.
In 2010, a similar situation was also experienced during the GE when Tapat decided to withdraw its entire slate that year. However, a re-election was no longer held as Santugon won all 51 seats in that year’s GE.
The parties’ take
Incumbent Vice President of Internal Affairs and independent presidential candidate Pram Menghrajani argues that COMELEC should have been more responsible in the enforcement of the MOA. She argues further that the COMELEC should not have accepted the late COC submissions, stressing that “honesty, integrity, impartiality and transparency” must be ensured in the way that the GE should be conducted.
Menghrajani also questions the political parties for taking the deadline lightly, especially in light of their “over 29 years of experience” in the procedures. “Their complacency deprived not only the Lasallian community but also their own candidates of a chance to be voted upon and serve the student body,” she ends.
Meanwhile, Tapat President Robbie Arcadio agrees with the decision of the COMELEC, citing that the party will uphold the resolution given. “We understand that obligations must be complied with strictly, and the resolution that was reached allows this to happen, while at the same time, creating consequences that the parties to the MOA must be able to come to terms with,” he explains.
As of press time, Santugon has not released an official statement on the issue. However, a petition for preliminary injunction and a petition for certiorari and prohibition of the current GE to the Judiciary has officially been filed by Santugon President Pam Ramos, Standard-Bearer and presidential candidate Mae Mae Gonzales, and Vice President for Internal Affairs candidate Patrick Kahn.
In the petitions, Santugon argued that COMELEC had already officially declared the eligibility of the candidacies. They also argued that the nullification of their candidates’ eligibility in the COMELEC’s recent statement was a violation of student rights.
Furthermore, the petitioners lamented that “the act by COMELEC imposes a burden on the Petitioners and the Parties represented to suffer the aforementioned damages which arise only because of a reliance on a decision COMELEC recognized to be valid at first and invalid after.”
As such, Santugon pushes for a cease-and-desist order on the electoral procedures from March 9 to 27 while investigations take place, and that the invalidity of their candidates be revoked. Santugon also requested that COMELEC remedy the issue by considering a reset of elections. As of press time, the Judiciary is still deliberating on the matter.
Note: This post has been edited.