Friday, November 16, 2012

'Track Record' is for the voters to say, not for the Comelec or courts



'Track Record' is for the voters to say, 
not for the Comelec or courts
 The Commission on Elections (Comelec) has no power and right to use "track record" as a basis to accredit or not a group for partylist elections.
  
         In politics, “track record” is often used to determine the likelihood of how a candidate would perform in office when elected.  But it does not mean that a new politician who runs for the first time will not do excellently when voted for.

“Track record” is the exclusive domain of the voters for them to use to determine who should they vote.

“Track Record” is therefore a POLITICAL QUESTION that cannot be arrogated unto themselves by the courts and the Comelec.

Hence, it is forbidden to use “track record” to determine the qualifications of a partylist to run for office.

Qualifications for the purpose of running for a public office is one thing.  On how a candidate will perform after the election is another.

            Moreover, the right of suffrage cannot be denied from a citizen qualified to vote or to be voted when he or she has established qualifications that are actually not determinative on how he or she will perform in office when elected.

Thus, it is enough that a candidate for President is able to read and write, aged 40 years or older, natural-born Filipino, and ten-year resident of the Philippines at the time of the election.  He is not required to submit proofs of college diplomas or track record if only to determine he well seek to uplift the lives of the citizens.  JUDGMENT ON THE CANDIDATES’ TRACK RECORD IS FOR THE VOTERS TO DECIDE, WHETHER TO MAKE IT AS ONE OF THE BASES OR NOT.  If the Comelec were to require every presidential bet to show track record, then it is imposing its will on the electorate.

In the same manner, since there is no substantial distinction to separate partylist groups as a class on its own as against individuals as election candidates, any partylist group that has established minimum qualifications required by the Constitution and the law automatically qualifies to run in a partylist election. 

After clearly stating the function of "track record", it is concluded that the Comelec has no right or power to disapprove the application of Alab ng Mamamahayag (ALAM) for accreditation to join the partylist elections of 2013.
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