The Comelec’s Rule By Law?
In the annals of CONTINUING INSTITUTIONALIZED OPPRESSION of the Filipino people, the Comelec’s Second Division has truly created a niche for itself.
A quasi-judicial decision, such as the one issued by the 2nd Division of Comelec, like a decision of a court (a judicial body) should, among others, be clear and concise. This simply means that the decision should be- brief and complete. Brevity, however, could not, in any manner, be a reason not to resolve any legal issue raised before the tribunal. This is why the decision on a case, with complex issues, usually run to several pages despite the requirement for its brevity because between brevity and the resolution of all pertinent issues, the latter prevails as a dictate of fair play and justice. For how could we say that a decision is fair and just when it is incomplete?
In the same manner, when, for the sake of thoroughness, an overly detailed examination of all facts or issues, which are immaterial; or which are simply repetitions of an established fact or settled issue; or are mere corroborative of an established fact or settled issue, are resorted to in making a decision, that decision is as subversive to the dictates of a fair and just decision as an incomplete one. For ultimately, is it fair that the understanding of the resolution of legal questions be unusually burdened with immaterial and unnecessary elements?
Thus, when you hear that a decision in an election protest case consists of 11,000 pages, would you not suddenly feel abnormally uneasy? And when you also hear that this is not the first but the second time around a decision of this kind was promulgated by the SAME division, is it unnatural for one to suspect that something is amiss? Hinde ba libo-libong pahina rin ang bilang ng desision ng Dibisiong ito sa kaso ni Gov. Grace Padaca ng Isabela na inilabas kamakailan lang?
The propensity of this particular collegiate body of the Comelec to come up with decisions running to thousand of pages, is simply beyond logic. Parang Crime Against Humanity ang kanilang binuno dito! In many ways, would you not also be forced to question the benign reasons behind the manner the decision was arrived at? Bakiiiiit ganito?
More so if we consider that decisions of this nature by this Comelec body are only true in cases where the administration is seen as highly partisan against the losing party but in favor of the winning party.
Is this a matter of coincidence or is it simply a declaration of impunity by those who are in power under the present dispensation?
Dahil ba walang nagawa ang bayan sa kahudasan nina Commissioner Abalos, Garcillano o Lintang Bedol, kaya ang Comelec sa ngayon ay ang bagong SIGA-SIGA ng bayan? Is the Comelec Second Division the new political liquidation squad of the current administration during these critical times?
Without going into the merits of the case, which I suspect would be like opening a septic tank breeming with maggots, are we now being made to bear witness to what could be a graphic display of another form of oppression disguised as the rule law?
Kung, unnecessarily, padadaanin ang mamayan sa butas ng karayum para makamtan lang ang timyas ng katarungan, ano kaya ang katuturan pa ng tinatawag na "subatantive rights" ng isang tao sa harap ng batas sa Pinas? At sa mga mahihirap, tulad ng mga nakakarami sa atin, may karapatan pa ba tayong dapat pagusapan pa kung ang makalaban nila ay ang may lakas , “ connection “ o kayay may kaya sa ating lipunan?
May pagkakaiba pa ba ito sa Ampatuan Massacre? Kung sa bagay, doon sa Ampatuan case, mga buhay ang inutas, dito kay Among Ed case, PAGASA ng tao sa isang MATINONG PAMUMUNO ang ginilitan ng leeg. At kung wala ng pag-asa , ano pa ang kasaysayan ng buhay sa mundo?
Indeed, we shall all sleep in the bed we have prepared for ourselves!
Fidel Umaga, MFP NJ
AMDG et Philippinensis
A quasi-judicial decision, such as the one issued by the 2nd Division of Comelec, like a decision of a court (a judicial body) should, among others, be clear and concise. This simply means that the decision should be- brief and complete. Brevity, however, could not, in any manner, be a reason not to resolve any legal issue raised before the tribunal. This is why the decision on a case, with complex issues, usually run to several pages despite the requirement for its brevity because between brevity and the resolution of all pertinent issues, the latter prevails as a dictate of fair play and justice. For how could we say that a decision is fair and just when it is incomplete?
In the same manner, when, for the sake of thoroughness, an overly detailed examination of all facts or issues, which are immaterial; or which are simply repetitions of an established fact or settled issue; or are mere corroborative of an established fact or settled issue, are resorted to in making a decision, that decision is as subversive to the dictates of a fair and just decision as an incomplete one. For ultimately, is it fair that the understanding of the resolution of legal questions be unusually burdened with immaterial and unnecessary elements?
Thus, when you hear that a decision in an election protest case consists of 11,000 pages, would you not suddenly feel abnormally uneasy? And when you also hear that this is not the first but the second time around a decision of this kind was promulgated by the SAME division, is it unnatural for one to suspect that something is amiss? Hinde ba libo-libong pahina rin ang bilang ng desision ng Dibisiong ito sa kaso ni Gov. Grace Padaca ng Isabela na inilabas kamakailan lang?
The propensity of this particular collegiate body of the Comelec to come up with decisions running to thousand of pages, is simply beyond logic. Parang Crime Against Humanity ang kanilang binuno dito! In many ways, would you not also be forced to question the benign reasons behind the manner the decision was arrived at? Bakiiiiit ganito?
More so if we consider that decisions of this nature by this Comelec body are only true in cases where the administration is seen as highly partisan against the losing party but in favor of the winning party.
Is this a matter of coincidence or is it simply a declaration of impunity by those who are in power under the present dispensation?
Dahil ba walang nagawa ang bayan sa kahudasan nina Commissioner Abalos, Garcillano o Lintang Bedol, kaya ang Comelec sa ngayon ay ang bagong SIGA-SIGA ng bayan? Is the Comelec Second Division the new political liquidation squad of the current administration during these critical times?
Without going into the merits of the case, which I suspect would be like opening a septic tank breeming with maggots, are we now being made to bear witness to what could be a graphic display of another form of oppression disguised as the rule law?
Kung, unnecessarily, padadaanin ang mamayan sa butas ng karayum para makamtan lang ang timyas ng katarungan, ano kaya ang katuturan pa ng tinatawag na "subatantive rights" ng isang tao sa harap ng batas sa Pinas? At sa mga mahihirap, tulad ng mga nakakarami sa atin, may karapatan pa ba tayong dapat pagusapan pa kung ang makalaban nila ay ang may lakas , “ connection “ o kayay may kaya sa ating lipunan?
May pagkakaiba pa ba ito sa Ampatuan Massacre? Kung sa bagay, doon sa Ampatuan case, mga buhay ang inutas, dito kay Among Ed case, PAGASA ng tao sa isang MATINONG PAMUMUNO ang ginilitan ng leeg. At kung wala ng pag-asa , ano pa ang kasaysayan ng buhay sa mundo?
Indeed, we shall all sleep in the bed we have prepared for ourselves!
Fidel Umaga, MFP NJ
AMDG et Philippinensis
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