Thursday, May 9, 2013

Not-so-brillant idea from Brillantes

Not-so-brillant idea from Brillantes

When Commission on Elections (Comelec) Chairman Sixto Brillantes introduced "MONEY BAN" to prohibit cash withdrawals of more than P100,000 from May 9, 2013 up to the election day on May 13, 2013, it was some sort of a good idea, but not brilliant enough as his family name.

First, there is no law that authorizes money ban.

Second, there is no Constitutional provision authorizing the same.

Third, it is tantamount to burning the whole house just to rid the rats.

Fourth, the timing in promulgating the money ban is ill-timed.  It can never become effective if the law on when a law or rules and regulation can become executory is to be followed.

Under the general law, laws and regulations intended for general application become effective 15 days after the publication.

The exception is when the law being promulgated says other periods after publication.

In Comelec resolutions intended for general application, these become effective seven (7) days after publication.

The "money ban" resolution was published on May 8, 2013.  By law, it becomes effective on May 15, 2013, when the elections are over.

Although this law betrays the otherwise want of intelligence, it nevertheless opened up to a good idea to adopt this as a law.

However, the money ban must be limited only to the bank accounts and other forms of deposits to candidates, their relatives by consanguinity or affinity up to 4th degree, corporations where the candidates have interest, etc.  The law must impose imprisonment for violation of money ban.
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