Comelec junks cases against Duterte’s presidential bid
THE COMMISSION on Elections has dismissed all four petitions challenging the presidential run of Davao City Mayor Rodrigo R. Duterte.
“The Punisher will live to die another day,” Commissioner Christian Robert S. Lim, the First Division’s presiding commissioner, said in jest, as he announced their unanimous action on Wednesday.
This was despite the very same resolution admitting that the substitution process has been exposed as “prone to abuse.”
The 50- page resolution dismissed the petitions for the cancellation of Mr. Duterte’s candidacy filed by broadcaster Ruben H. Castor, anti-communist lawyer Elly V. Pamatong, broadcaster Rizalito Y. David, and University of the Philippines-Diliman student council chairperson John Paulo G. delas Nieves.
The three- member tribunal affirmed the validity of the certificate of candidacy filed on Oct. 16 by anti- crime advocate Martin B. Diño, the original nominee — and purported placeholder — fielded by the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban).
This meant Mr. Diño could validly withdraw his CoC on Oct. 29, extending Mr. Duterte an avenue to the presidency by allowing him to validly file his CoC on Nov. 27.
“There is hence no question that Respondent Duterte may substitute for him as candidate, pursuant to Section 77 of the [ Omnibus Election Code], as implemented by Section 19, Rule II of Resolution No. 9984,” the resolution read.
Although Mr. Diño’s CoC seemed to indicate he was running for Pasay City mayor, the Comelec “took into consideration the intent” to run for president.
The resolution noted that if Mr. Diño really intended to run for mayor, he would have filed with the Pasay City election office, not the main office that entertains CoCs for national positions. It also pointed out that Mr. Diño attached documents pertaining to a presidential candidacy.
Mr. Duterte was also ruled to have complied with substitution rules, with the Comelec panel disagreeing with Messrs. David and delas Nieves’s points that the mayor’s original CoC for reelection named the Hugpong sa Tawong Lungsod, not the PDPLaban, as his party.
The resolution said that as long as the PDP- Laban treated him as its member and nominated him, “the Commission is obligated to accept the same.”
The Comelec division also rejected Mr. delas Nieves’s contention that the mayor committed material misrepresentation in his CoC by swearing under oath that he will support and defend the Constitution.
Mr. delas Nieves pointed to the mayor’s open admissions that he was a killer of petty criminals and a serial womanizer. But the Comelec said “material misrepresentation” pertains only to a candidate’s qualifications for an elective office.
“Technically, and in the context of eligibility, the oath to support and defend the Constitution as well as to follow duly promulgated laws are neither a qualification for any elective office nor a ground to disqualify a candidate,” read the resolution, adding that to agree with Mr. delas Nieves meant even the slightest offense can render a candidate ineligible for public office.
Meanwhile, Mr. Pamatong failed to prove his contention that Mr. Duterte is a nuisance candidate. The resolution noted the dramatic lead-up to the mayor’s decision to run for president is not a ground, because “a change of mind is a natural occurrence in any decision-making process.”
On procedural grounds, the Comelec division said Messrs. Castor and delas Nieves’s petitions should be dismissed outright for their failure to attend the preliminary conference. Likewise, these cases were filed out of time when it comes to impleading Mr. Diño.
The Comelec resolution, however, admitted in an epilogue that the provisions for substitution are “prone to abuse, and may even lead to the bastardization of the entire process involved in the selection of candidates by the various political parties in existence in order to ensure their victory in the polls.”
Still, because Mr. Duterte’s substitution is allowed under Section 77 of the Omnibus Election Code, the Comelec said “the remedy to correct this lies with Congress, because the Commission... is bound to apply Section 77 as worded.”
Aside from Mr. Lim, the First Division is composed of Commissioners Luie Tito F. Guia and Ma. Rowena Amelia “Bing” V. Guanzon.
Mr. Lim said in the briefing that the petitioners can still file a motion for reconsideration within five days, which would elevate the case before the Comelec en banc.
SIX PRESIDENTIALCANDIDATES
During the same briefing, Comelec Chairman Andres D. Bautista confirmed that “at present, there are six presidential candidates and six vice-presidential candidates.”
The other presidential candidates are: Vice- President Jejomar C. Binay, Senator Miriam Defensor Santiago, former Interior Secretary Manuel A. Roxas II, and OFW Family Club Party- list Rep. Roy V. Señeres, Sr. Also included is Senator Grace Poe, whose candidacy was canceled in December and is now subject of an appeal with the Supreme Court.
The initial list in January previously included Romel C. Mendoza of the Partido ng Masang Pilipino, who withdrew his candidacy on Feb. 1 and admitted he was only saving the slot in the event former president and incumbent Manila Mayor Joseph E. Estrada decides to run.
Meanwhile, the SC on Feb. 2 dismissed Dante C. Valencia’s petition against the Comelec’s cancellation of his candidacy.
There are six vice- presidential candidates: Senators Alan Peter S. Cayetano, Francis Joseph “Chiz” G. Escudero, Gregorio “Gringo” B. Honasan II, Ferdinand “Bongbong” R. Marcos, Jr. Antonio “Sonny” F. Trillanes IV, as well as Camarines Sur 3rd District Rep. Maria Leonor “Leni” G. Robredo.
Mr. Bautista said the Comelec is keeping its target to start printing the ballots next week. With the case of Ms. Poe still being heard, she may likely be retained in the ballot and have her votes counted as stray unless the high court later decides in her favor.