Manila Bulletin

SC voids Comelec’s extension on filing of SOCES in 2016 polls

By REY PANALIGAN

The Supreme Court (SC) has nullified as “arbitrary, capricious, whimsical or despotic exercise of judgment” the 30-day extension issued by the Commission on Elections (Comelec) in the filing of Statements of Contributions and Expenditures (SOCES) in the May 9, 2016 local and national elections.

Nullified was the Comelec’s June 23, 2016 Resolution No. 10147 which extended the filing of SOCES from June 8, 2016 to June 30, 2016.

In a full court decision promulgated on Oct. 5, 2021 but made public only on June 6, 2023, the SC ruled that “Congress fixed the period to file SOCES ‘within thirty (30) days after the day’ of the election.”

The decision, written by Justice Mario V. Lopez, said “the Comelec cannot arbitrarily extend the deadline and substitute its own wisdom in defiance with the clear legislative intent,” it said.

Section 14 of Republic Act No. 7166, the law on synchronized national and local elections, provides that SOCES must be filed within 30 days after the day of the elections.

While the SC nullified the Comelec’s extension to file SOCES, the High Court ruled:

“Here, the candidates and political parties that submitted their SOCES following the extended deadline acted in good faith. They honestly believed in the resolution that was issued pursuant to the Comelec’s rule-making authority.

“The Comelec even previously extended the deadlines for the filing of SOCES in the 2010 and 2013 national and local elections. The Comelec’s authority to extend the deadline was not questioned except now.

“Accordingly, the effects of accomplished acts prior to the invalidation of Comelec Resolution No. 10147 should be allowed to stand. The SOCES submitted within the extended period or until June 30, 2016 are deemed timely filed.”

The SC decision resolved the petition filed by the Partido Demokratiko Pilipino-lakas ng Bayan (Pdp-laban), represented by its Secretary General Rep. Pantaleon Alvarez, with intervenors Leon Estrella Peralta, Melchor Gruela Magdamo, and Othello Estropigan Dalanon.

The Pdp-laban told the SC that in extending the deadline for the filing of SOCES, the Comelec exceeded the limits of its delegated rule-making authority and violated Section 14 of RA 7166.

Citing its previous decision, the SC said it has “recognized the Congress’ absolute discretion to penalize with perpetual disqualification to hold public office those persons who repeatedly failed to submit their SOCES.”

“The Court stressed that the wisdom of Congress in enacting a law to ensure the sanctity of the electoral process should be respected unless adequately shown to be unconstitutional,” it said.“in this case (petition filed by Pdp-laban), the arbitrary extension of the deadline to file SOCES will render nugatory the Court’s decision in 2017 and exempt noncompliant candidates and political parties from any liability and other legal consequences,” it stressed. The SC also said:

“The Court reiterates that the filing of complete SOCES within the 30-day period is mandatory. Yet, it bears emphasis that Section 14 of RA No. 7166 does not prohibit the Comelec from receiving belatedly filed or tardy SOCES.

“Specifically, the winning candidates can still enter the duties of their office once they submit the required SOCES. This is the clear import of the second sentence of Section 14 of RA No. 7166 which provides that no person elected to any public office shall enter upon the duties of his office ‘until he has filed the statement of contributions and expenditures herein required.’

“The word ‘until’ signifies that the prohibition to assume office is conditional and subject to the filing of the SOCES.

“Clearly, the Comelec committed grave abuse of discretion in issuing the assailed resolution. The arbitrary extension of the deadline for the submission of the SOCES effectively condoned erring candidates and political parties from administrative liabilities even if the law does not provide any exempting circumstances.

“For these reasons, the Commission on Elections Resolution No. 10147 is declared void for being repugnant to the law. Applying the doctrine of operative fact, however, the Statements of Contributions and Expenditures for the May 9, 2016 national and local elections that were submitted on or before June 30, 2016 are deemed timely filed. So ordered.”

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2023-06-08T07:00:00.0000000Z

2023-06-08T07:00:00.0000000Z

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