Cancelation of the credentials of the highest elected officials (*)
The TSE shall cancel or annul the credentials of the President and the Vice Presidents of the Republic and those of members of the Legislative Assembly solely on the grounds stipulated in the Political Constitution, (without prejudice to the stipulations of Article 68 of the Structural Law of the Comptroller General of the Republic)*.
Except where requested on the grounds of resignation, when the cancelation of the credentials of the President, Vice Presidents or members of the Legislative Assembly is requested, the Tribunal shall confine itself to assessing the admissibility of the petition.
If the petition cannot be rejected entirely or if the matter cannot be closed, one of the members of the Tribunal shall be appointed as investigating justice to carry out a preliminary investigation without ruling on the merits of the case to this end. Once the preliminary investigation has been concluded, the Tribunal can order that the case be closed and if it decides the contrary, it shall send the case file to the Legislative Assembly to decide on the lifting of immunity. If the holder of the credential waives their immunity in order to voluntarily subject themselves to the procedure, the Tribunal shall take the appropriate action.
If the Legislative Assembly decides to waive immunity, it shall notify the TSE of this decision so that it can decide on the appropriate measures.
(*) In final judgment N.° 11352-2010 from June 29, 2010 at 15:05 hours, the Supreme Court declared an unconstitutional action filed against Article 262 of the Electoral Act as partially admissible and the phrase “without prejudice to the stipulations of Article 68 of the Structural Law of the Comptroller General of the Republic,” included in the first paragraph of that article, was void. The operative paragraph is transcribed as follows: “The action filed is partially admissible. Therefore, the phrase “…without prejudice to the stipulations of Article 68 of the Structural Law of the Comptroller General of the Republic” included in the Electoral Act, Law N.° 8765 of August 19, 2009 published in Annex 37 to the Official Journal No. 171 of September 02, 2009 was void due to unconstitutionality. A period of thirty-six months is given to the Legislative Assembly to decree the partial amendment of the Political Constitution and to amend its Regulations and include the duty of probity as a reason for the annulment of credentials and other sanctions. This judgment has declaratory and retroactive effects to the valid date of the annulled regulation without prejudice to the rights acquired in good faith and without prejudice to consolidated legal situations. The action was declared inadmissible in all other respects. To be published entirely at the Judicial Journal and reviewed at the Official Journal. To be notified to the parties and to the Legislative Assembly. Justice Armijo Sancho and Justice Pacheco Salazar abstained from voting and declare the action as inadmissible. Justice Cruz Castro and Justice Calzada Miranda comment.”
Complete judgment N.° 11352-2010 was published at the Judicial Journal N.° 218 of November 10, 2010.