Complainant vs. Poe also files DQ case against Duterte

Poll: Poe still enjoys narrow lead over her rivals for presidency

Under Comelec rules, substitution for candidates who withdrew his/her COC may still be filed until Dec. 10

APART from Sen. Grace Poe, losing senatorial candidate Rizalito David also wants Davao City Mayor Rodrigo Duterte out of the presidential race.

In a nine-page petition, David asked the Commission on Elections (Comelec) to declare Duterte’s substitution of Martin Diño as the presidential candidate of the PDP-Laban party as null and void and to cancel his certificate of candidacy (COC).

David said Duterte’s COC for president was filed beyond the deadline, which was Oct. 16,”hence, it is not a valid COC.”

“Incidentally, Duterte did not file his COC for President on the dates set. What he filed was a COC for city mayor of Davao,” the petition said.

David also questioned the several “legal breaches” committed both by Duterte and Diño in the course of the latter’s COC filing, eventual withdrawal, and the mayor’s substitution.

“Another reason why Duterte’s COC could not be considered as having been validly filed is that Diño’s withdrawal of his COC was in circumvention of the Comelec Rules of Procedure, as amended by Resolution No. 9523, and therefore contrary to public policy. That being so, he could not be substituted, much less by Duterte,” he said.

Duterte filed his COC for President as substitute for Diño on Nov. 27, the same day he withdrew his COC for mayor.

Under existing Comelec rules, substitution for candidates who withdrew his/her COC may still be filed until Dec. 10.

Earlier, the Comelec en banc approved the substitution although without prejudice to the pending disqualification case filed by broadcaster, Ruben Castor, against Duterte before the Comelec First Division.

Personal agenda

Sought for comment, Duterte supporter Davao City Rep. Karlo Alexei Nograles hoped that David is not being used by “some powerful people” for their own agenda.

The lawmaker added that some “some people are getting really nervous that Duterte might just actually win the presidency.”

“We expect other camps to throw all the tricks in the book. Sorry guys! You can’t put a good man down. Duterte will win,” said Nograles.

Poe, meanwhile, continues her narrow lead over her rivals for the presidency despite the decision of the Comelec two divi- sions to disqualify her from the race due to citizenship and residency issues, according to the latest poll results released by newspaper The Standard.

The Dec. 4 to 12 survey commissioned by The Standard showed that 28 percent of 1,500 respondents wanted Poe to succeed President Benigno C. Aquino III, whose term will end on June 30, 2016.

Poe was the top pick in Bicol and the rest of Luzon, with 35 percent each, and in Metro Manila, with 32 percent.

She also led in urban rural areas across the country, with 29 percent and 28 percent, respectively.

Respondents belonging to the lowest economic classes are also for Poe: Class D (28%) and Class E (31%).

The senator was also the top choice of Muslim voters, with 33 percent picking her among five other presidential aspirants included in the list.

Poe was followed by Vice President Jejomar Binay (23%) and administration standard-bearer Manuel Roxas II (22%).

Davao City Mayor Rodrigo Duterte ranked fourth with 19 percent, while Sen. Miriam Defensor Santiago was fifth with three percent.

Duterte was the top choice in Mindanao with 36 percent.