Election suspension ban only For preventive suspensions?

ERRING officials threatened by suspension may be rejoicing as the election period starts Sunday, January 14, but for Bohol election supervisor Veronico Petalcorin, that's too early to celebrate. Suggesting that there might still be a loophole and a gray area, lawyer Petalcorin hinted that the ban may not apply to suspensions as a penalty for official's unlawful actions. Aside from the ban on the suspension of elective officials, as provided, in section 261 of the Omnibus Election Code (OEC) also talks about the prohibitions that takes effect on the start of the election period.

Speaking in a phone interview, Petalcorin opines that the law may open up interpretations such as that suspension ban may an only be applicable to preventive suspensions. By this, he hints that it may not cover those suspensions or removal of public official as a penalty for application of the Anti-Graft and Corrupt Practices Act. By this, officials who may have preventive suspensions hanging can heave a sigh of relief, while those who have earlier been preventively suspended may still have that sword hanging by their heads.

A penal suspension may be the last thing an elected official dreams of during election period, lawyer sources said. Aside from getting the full brunt of a negative publicity, the suspended official is not alienated from his keep, the powers he once wields become useless, they agree. Also incorporated in the COMELEC omnibus code is the ban on coercion of subordinates, coercion of election officials, appointments of new officials, promotions, salary increases and transfer of officers and employees in the civil service.

Other than these, the election period also brings in the prohibitions on vote-buying and selling, conspiracy to bribe and betting on election results. Furthermore, the prohibition also includes unauthorized use of bodyguards be they police officers or members of the army, and includes their carrying of fire-arms outside residence when not in active duty or without valid Comelec special authorizations, Petalcorin stressed.

When the period for filing certificates of candidacy starts Sunday, so will the “no-exemption" gun ban on all candidates running for electoral posts, COMELEC Chairman Benjamin Abalos recently. Abalos said he will not allow any application by candidates for exemption from the gun ban. “Political figures running in the polls will not get any exemption. Definitely, zero. No way. If they have threats, we'll provide them with security," Abalos said. He said the gun ban will take effect from Jan. 14, the start of filing of certificates of candidacy, to June 13, 30 days after the May 14 polls. For those who could be found guilty of these provisions, persons found guilty could be imprisoned of not less than one year but not more than six years, without probation, the OEC says.

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