COMMISSION on Elections Commissioner Rowena V. Guanzon issued a memorandum ordering her fellow Commissioner Aimee P. Ferolino to explain the alleged “delay” in the release of the resolution concerning the consolidated disqualification case of presidential aspirant Ferdinand “Bongbong” R. Marcos, Jr.
In the two-page issuance, Guanzon instructed her fellow commissioner to submit her explanation on why she failed to release the ponencia on the said case on their agreed upon deadline on Jan. 17,2022.
“Eighteen days have elapsed since the three consolidated cases were raffled to you and it is unjustifiable that you have not submitted your ponencia to the First Division.” Guanzon said.
“Please submit a written explanation no later than 31 January 2022 12 noon, as to why you have delayed the release of your ponencia,” she added.
Separate opinion
Ferolino was tasked as the ponente of the Comelec First Division to write the consolidated disqualification cases of Akbayan Citizens’ Action Party, Bonifacio Ilagan, and Abubakar Mangelen against Marcos.
Guanzon, the presiding commissioner of the First Division, earlier announced the decision on the consolidated case was supposed to be completed on Jan. 17, 2022.
However, the release of the decision was deferred after the lawyer assigned by Ferolino to draft the decision tested positive for Covid-19.
Guanzon expressed concern over the long postponement of the release of the decision, which she claimed may be intended to “defeat” her vote, since she is about to retire on Feb. 2, 2022.
“This way, my Separate Opinion will not be attached to the Majority Resolution and will not form part of records,” Guanzon said.
This prompted her to announce her vote on the case last week in several media interviews even if the Comelec First Division decision on the case has still not been released
Guanzon said she voted for the disqualification of Marcos on the ground that his failure to pay his taxes four times constituted moral turpitude.
Undue rush
Ferolino, in a three-page letter to Comelec Chairman Sheriff M. Abas, denied Guanzon’s accusation that she is deliberately delaying the release of the ruling.
The poll official said she did not agree on Guanzon’s Jan. 17 deadline and that the presiding official of the Comelec First Division is supposedly trying to influence her decision.
She decried the “undue rush” being demanded by Guanzon for her to complete the First Division decision on the consolidated case, stressing it will take some time for her to consider all the merits of the case.
She asked Abas to “review” Guanzon’s action, particularly for revealing to the public that she is the ponente of the case, which she said could pose a threat to her safety and security.
In a television interview on Friday evening, Guanzon called out Ferolino for being “disrespectful” for raising the issue with Abas instead of her.
“Commissioner Ferolino can have time to write the three-paged explanation to the chairman but she did not write an explanation to her presiding commissioner. How disrespectful. A junior member is accountable to her presiding officer, not the chair because this is not an administrative matter,” Guanzon said.
Mixed reaction
The infighting among Comelec officials drew mixed reaction from election observers.
Election lawyer Romulo B. Macalintal said Guanzon should be sanctioned for prematurely revealing her decision.
Macalintal maintained Guanzon’s action is highly irregular since internal proceedings of Comelec should be kept confidential.
For its part, the Legal Network for Truthful Elections (LENTE) said the issue should not distract Comelec from promptly resolving the case against Marcos.
“It is important that the case be resolved at the soonest possible time to give parties the time to avail of remedies (filing of motion for reconsideration and ultimately, certiorari before the Supreme Court),” said LENTE Executive Director Rona V. Caritos.
Image credits: Comelec.gov.ph