story 2: veterans at a standstill (print)

MANILA, 11 December – The passing of Rep. Ernesto Gidaya, party-list representative of the Veterans Freedom Party (VFP), on 4 December, has left the party’s future uncertain.

Two VFP members are claiming Gidaya’s seat in the House of Representatives.

The position remains vacant, pending a decision by the Commission on Elections (Comelec).

If Republic Act 7941, also known as the “Party-List System Act,” is to be observed, the vacancy should be occupied by Estrella Santos, next on VFP’s list of nominees. Santos, a nonveteran, is a member of the Sons and Daughters Association, Inc. (SDAI), an organization of veterans’ children.

According to a VFP resolution, however, the party cannot be represented by a nonveteran. Under this resolution, Rodolfo Gutang, a retired constabulary general, will take over.

only one seat
During the 2004 elections, the VFP earned one seat in the House of Representatives.

Gidaya, who headed VFP’s list of nominees, occupied the lone seat. The second nominee, World War II veteran Atty. Andres Bustamante, passed away in January 2006. The other nominees are Santos, Gutang, and retired general Vicente Buenaventura.

Section 16 of the Party-List System Act states that, “in case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the Comelec by the same party, organization, or coalition, who shall serve for the unexpired term.”

Under this law, Santos would take over as party-list representative.

But in an interview, Gutang said, “The Comelec cannot proclaim Santos automatically.”

In a memo to the Comelec, Gutang cited VFP Resolution BT 04-04, approved in 2004, which states: “In the event that only one nominee is qualified and proclaimed by the Comelec to represent VFP, that nominee should be a veteran.” It further states: “The non-veteran who would have qualified is considered resigned or should resign his position.”

Santos could not be reached for comment.

on hold
Gutang said the Comelec has to study the matter carefully. “This is the first case of its kind in the party list. Wala pang ganitong nangyari, eh (nothing like this has ever happened).”

Meanwhile, Gidaya’s projects are on hold. “The implementation of the projects will need the presence of a congressman,” explained Gutang. “The replacement of Congressman Gidaya will take over the pending projects.”

With the lone seat at the House of Representatives being contested by both Santos and Gutang, the VFP is at a standstill.