Rizalito David asks Comelec to cancel Duterte’s COC for president

Broadcaster Rizalito David on Monday asked the Commission on Elections to declare Davao City Mayor Rodrigo Duterte's candidacy as PDP-Laban's substitute presidential bet null and void.

David — who previously filed petitions against another presidential aspirant, Senator Grace Poe, before the Comelec and the Senate Electoral Tribunal — is seeking for the cancellation of Duterte's COC.

In a six-page petition, David said the popular local executive, along with PDP-Laban's Martin Diño, "desecrated the system with impunity," given the sequence of events leading to Duterte's filing of his certificate of candidacy.

David said the mayor's COC was "not seasonably filed," given that Duterte missed the filing period in October, when he instead filed for reelection in Davao City.

He also scored Duterte for filing his COC for president only on November 27, about a month after Diño withdrew his candidacy in late October and named him as substitute.

Moreover, he said the Comelec "acted prematurely and was too soft, if not overly accommodating."

"Not only is Duterte's COC for President not validly and seasonably filed but the substitution itself is legally infirm," David said in his petition.

"As there was no valid substitution, not to mention that his COC was not seasonably filed, his candidacy cannot, therefore, take off. The Commission cannot turn a blind eye to these violations," he added.

Not after presidential 'frontrunners'

David was among at least 100 presidential aspirants whose candidacies were deemed nuisance by the Comelec First and Second Divisions.

He filed his COC last October 12. He has since appealed his case before the en banc.

Asked why he seemed to be going after presidential "frontrunners," he said such standing could not be determined at this point as campaign period has yet to begin.

"Sino ba ang nag-violate ng batas?" David said. 

"Dapat ba na para lang maiwasan na masabi na bakit si Grace, at bakit si Duterte naman this time, hindi na natin gagawin? Responsibilidad nating lahat ito... It's not a valid allegation na iniisa-isa ko. Mali 'yung kanilang ginawa, dapat nating ituwid," he told reporters.

He said that "procedurally and constitutionally," he "does not see any" flaw in the candidacies of other leading presidential aspirants, including Vice President Jejomar Binay and Liberal Party standard-bearer Mar Roxas.

"Wala akong nakita so far doon sa nai-file ng ibang kandidato. Dito malinaw 'yung violation ni Grace, constitutional 'yan. Ito namang kay Duterte, violation 'yan ng procedures," he said.

COC should have been filed ASAP

In an interview after the filing, David also said Duterte's COC should have been filed immediately and alongside with Diño's withdrawal.

"Dapat 'yun magkasabay. 'Winithdraw ko ito in his favor so ipinasol niya 'yung kaniya.' Anong nangyari? Ang lapse nu'n ang tagal... Invalid 'yan, hindi 'yan dapat. Mockery of procedure 'yan," he said.

He added: "'Di ba doon sa substitution [nila ng anak niya sa Davao], kaliwaan 'yun? Bakit dito [for president] hindi?"

He also said the Comelec "is not being fair to so many of us" in counting Duterte as a presidential candidate, and said the poll body "shouldn't accept his COC even ministerially."

Other DQ case 'not serious'

The Comelec en banc has ruled to "acknowledge and accept" Duterte's COC as part of its administrative duty.

However, the mayor may still be disqualified, with a pending petition against him and Diño before the poll body's First Division.

The case, filed by broadcaster Ruben Castor, was heard by the division last Dec. 18, where the petitioner — through his legal counsel — said they had nothing against Duterte running for president, but were against him substituting for Diño because of legal problems therein.

Castor even went out of his way to say he wanted Duterte as president, and that he loved the mayor, as they are both members of the organization Guardians International.

David cited this as another reason for filing his petition.

"I did this because the other guys who filed a disqualification case against him are parang playing around. Parang ang ginagawa nila, 'maka-Duterte kami pero ang gusto namin sa tamang procedure.' Which is parang, ano ba ito? Ano ba itong ginagawa natin sa eleksyon natin?" he said. — NB/RSJ, GMA News