Business World

Comelec junks cases against Duterte’s presidenti­al bid

- By Vince Alvic A. F. Nonato Reporter

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.

 ??  ?? Ichiro Fujisaki, then Japanese Deputy Minister for Foreign Affairs is photograph­ed in February 2004 during a press briefing in Manila. The Japanese official’s visit launched trade talks between Manila and Tokyo in what would become the...
Ichiro Fujisaki, then Japanese Deputy Minister for Foreign Affairs is photograph­ed in February 2004 during a press briefing in Manila. The Japanese official’s visit launched trade talks between Manila and Tokyo in what would become the...

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