End the uncertainty

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

End the uncertainty
Sunday, 12 28, 2003

We end the year with a prayer for the immediate resolution of the controversy that hounds the opposition in its quest to wrest the reins of government from the current occupant of Malacañang.

The Laban ng Demokratikong Pilipino (LDP), the dominant minority political party, is at the center of the controversy. One group is threatening to endorse the candidacy of a presidential hopeful, in defiance of the choice that the LDP in coalition with other parties in the opposition has already arrived at. The controversy, once settled, will vest in the prevailing side the right to secure copies of the certificates of canvass and election returns all over the country, two documents vital to any presidential candidate’s machinery to stem the fraud that could be inflicted on him by his opponents.

Who between the contending groups is in control of the LDP is obvious; the show of force by the members of the LDP National Executive Council convened by LDP party chairman Edgardo Angara on the very day that an advisory came out in the papers proclaiming his alleged suspension, was a clear rebuff of Rep. Agapito Aquino, the LDP secretary general on indefinite force leave. To date, Certificates of Nomination (CoNs) of official LDP candidates throughout the country are issued by Angara, Acting secretary General Enrique Zaldivar and by the various regional, provincial, district, city and municipal chairmen “by authority” of Angara; the Comelec continues to accept and honor them. Not one CoN has been signed by Aquino, but everybody expects one to be filed tomorrow.

The Comelec could very well step in now, with the LDP having already filed its petition on the matter. It should now decide in the same manner it did in resolving similar controversies involving the Pusyon Bisaya and the Nacionalista Party. Reference was simply made by the Comelec to the party constitutions of the bickering factions of these parties, in an effort to determine conflicting claims.

Aquino claims he continues to have the authority to sign a CoN. On the other hand, the LDP points out that under Article VI.A, Section 5 of the LDP Constitution, the only official who can validly sign is Angara or anyone he may authorize to do so in writing, and that under Article VI.D, Section 9, acting secretary general Zaldivar (not Aquino) may sign only when authorized by Angara. Aquino is on indefinite force leave: he no longer has any authority to exercise the powers and functions of secretary general. In addition, Aquino has no authorization – either written, oral or implied – from Angara to sign a CoN.

Again, Aquino claims he has placed Angara under preventive suspension, and that he therefore remains the sole authority to sign. Aquino went on to advise the Comelec to ignore Angara. These claims of Aquino have no basis at all, the truth being that Angara continues to exercise the powers and functions of the LDP party chairman. And even assuming that Angara has been suspended, still the authority to sign the CoN would not devolve to the secretary general, much less to Aquino. Under Article VI.B, Section 6 of the LDP Constitution, the authorized signatory in the absence of the party chairman is the executive vice chairman, the incumbent of which is Sen. Vicente Sotto III.

Aquino has no authority to suspend Angara. The position of LDP secretary general is not intended to be the executive of the LDP. Besides, as of the date he claims he imposed the order of preventive suspension, he had ceased to have any authority to exercise the powers and discharge the functions of secretary general, he having been already placed on indefinite forced leave.

Aquino cites Article VI.D, Section 9(4) of the LDP Constitution, which states that the secretary general shall, “with the concurrence of the party chairman” enforce party discipline. But this provision states no more than a duty on the part of the secretary general, at the bidding of the party chairman, to implement the decision of a governing body of the LDP. The committee that Aquino claims he constituted to investigate the charges against Angara is a creature that has no power to exercise and no function to discharge, and shall remain so for lack of authority of Aquino to constitute the same.

“Party discipline” under Article X of the LDP Constitution requires action by a governing vody included in Article V of the same Constitution. The committee constituted by Aquino is not a body in the same category as those recognized under Article V, namely: the various municipal, city, congressional district, provincial and regional committees; and the national congress which acts through the national executive council.

Aquino’s continuing claim that he has authority to do what he says he did (or will do) is an exercise in futility. The LDP national executive council, in a meeting held on Dec. 22, 2003, adopted a resolution ratifying and confirming all decisions of Angara, including his decision to place Aquino on indefinite force leave, to project the “voice of a central leadership in command in an otherwise extraordinary and emergency situation,” and the filing of manifestations with the Comelec on the matter of the authorized signatories for the CoNs of LDP candidates, “to preserve the integrity, credibility, unity and solidarity of the LDP.”

For as long as the conflicting claims are played up in media, even as the rest of the LDP leadership and membership remain solidly behind Angara, and remain committed to abide by the LDP Constitution – the impression on the public will still be that the LDP is breaking up. The spectacle of several candidates for the same position all claiming to the LDP official candidates is a distinct possibility, if Aquino proceeds with his threat to sign CoNs. The unfortunate consequence of this latter case is that all such candidates all be considered as “independents.”

The public and the electorate must be spared the confusion that will ensue. In Kalaw vs. Comelec, G.R. No. 80218 (Nov. 5, 1987), the Supreme Court recognized the power of the Comelec to determine conflicting claims “which are likely to cause confusion among the electorate if not resolved.” How then should Comelec ensure an orderly recording of CoNs, prevent confusion in their filing, and eliminate all instances of the filing by candidates not otherwise nominated by the only authorized LDP official? Simple: By recognizing Angara as the only authorized signatory to the CoNs.

Two thousand years ago, angels hovering over the scene of the birth of that Babe in a lowly stable proclaimed peace to men of good will. May the same peace descend upon the LDP and the opposition at this crucial time. No matter how it turns out, I wish everyone peace and, as my better half says it, Maogmang Bagong Taon!



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