Claims of killings not grounds to disqualify Duterte —Comelec panel

Davao City Mayor Rodrigo Duterte's certificate of candidacy for president cannot be cancelled because of allegations and admissions of killings and womanizing, the Commission on Elections' First Division said.

In its decision, the division said it found "no sufficient basis" as regards petitioner JP Delas Nieves's allegation that the mayor committed material misrepresentation in his COC by swearing he "will support and defend the Constitution" when "in fact he is openly flouting" with the laws.

"Talking about a crime is not equivalent to the commission of, or committing a crime," the division said.

"It is relatively easy for any person to state in public that he or she has killed another person, and must easier for a man to publicly proclaim that he has and had extramarital affairs," it added.

The panel—composed of Commissioners Christian Robert Lim, Luie Tito Guia, and Rowena Guanzon—released a 50-page resolution on Wednesday, dismissing a total of four petitions against Duterte's candidacy, including that of Delas Nieves, the student council chairman of UP Diliman.

The division said that the vows to support and defend the Constitution, and to obey laws "are neither a qualification for any elective office nor a ground to disqualify a candidate."

The panel pointed out that it is "not aware and neither is it privy" whether Duterte "has been convicted of homicide or murder, or has violated Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)."

Duterte, once tagged as "The Punisher" by Time Magazine, earned admiration for his anti-crime initiatives.

However, he has recently been criticized for his alleged involvement in killings. His critics included former Justice Secretary Leila de Lima and the Commission on Human Rights.

A government witness came forward earlier to say that Duterte has links to the Davao Death Squad.

The tough-talking Duterte has said that he has yet to kill an innocent person. He added that he will not tolerate extrajudicial killings.

However, he has said he has killed kidnappers who took a Chinese girl and returned her to Davao City after repeatedly raping her in another province.

Despite declaring in his COC that he is single, Duterte has claimed having "two wives and two girlfriends."

The First Division said, "A myriad [of] statements, proclamations, and declarations may be made to this effect, without necessarily making them true."

The division pointed out that Section 78 of the Omnibus Election Code states that a misrepresentation is material as it refers to a candidates qualification for elective office.

Material misrepresentation "must be shown to be factually true," it added.

Delas Nieves filed a 24-page petition against Duterte's candidacy last December 22, saying that doing so was his "contribution" to respect for human rights.

He—as well as of broadcaster Ruben Castor and presidential aspirants Rizalito David and Elly Pamatong—all scored Duterte's substitution of PDP-Laban's Martin Diño as invalid.

They also pointed to Duterte filing a COC for reelection in Davao City first before withdrawing his candidacy there, then substituting for Diño.

The petitions, which have since been consolidated, were dismissed for lack of merit.

Moreover, Delas Nieves and Castor's petitions were thumbed down because they and their respective legal counsels failed to appear at the preliminary conference.

With the division's ruling, Duterte's name stays on the list of presidential candidates that the Comelec en banc is finalizing for the printing of ballots, due to start on February 8.

The petitioners, however, will have five days to appeal the decision, which will then be taken up by the Comelec en banc. -NB, GMA News