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GUANZON ASKS

How can Duterte swear on 2 documents in Pasig and Davao in a day?


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She may have voted to dismiss the petitions against the candidacy for President of Davao City Mayor Rodrigo Duterte, but Comelec Commissioner Rowena Guanzon said she still has questions over the circumstances that led to his entry in the presidential race beyond the October 16 deadline for the filing of certificates of candidacy.

In an 11-page separate opinion released Thursday, Guanzon detailed her concurrence over the Commission on Elections' First Division's ruling that deemed as valid Duterte's substitution of PDP-Laban's initial standard bearer, Martin Diño.

However, she pointed out that despite her agreement to the findings and result of the ponencia, "there are still lingering points that demand further discourse."

"How is it possible that Respondent Duterte appeared, on the same day, before a notary public in Davao and then a notary public in Pasig?" Guanzon said in her opinion.

"While the majority is correct in finding that petitioners 'failed to submit proof that it was physically impossible for [R]espondent Duterte to have been at Davao City, then to Manila, on the same day in order to have these two documents notarized and submitted to the offices concerned on the same day,' there was likewise no explanation provided by [him] as to how he was able to do thus," she added.

She added: "It would have been far simpler if Respondent Duterte narrated the steps he took in having his Statement of Cancellation/Withdrawal of his COC for Mayor of Davao City notarized in Davao City, and then travelling to Pasig City for the notarization of his COC for President, or vice versa."

The Comelec First Division summoned the lawyers who notarized both documents, but they failed to appear before the poll body.

Guanzon's other questions were directed to PDP-Laban's original presidential candidate Diño.

* Why did Diño mistakenly stated in his COC for President that he is running for Mayor of Pasay City?

* Was Diño's filing "merely for the purpose of extending the period of filing of COC" in Duterte's favor?

* Did Diño make his way around the rules when he withdrew his candidacy after the Comelec law department filed motu proprio a petition to declare his candidacy as nuisance?

"[T]he act of Respondent Diño in filing his COC for President, and then subsequently withdrawing the same, after only 13 days, on 29 October 2015, in order to allow Respondent Duterte to substitute for him, does appear to be a maneuver which effectively allowed Respondent Duterte to file beyond the said 16 October 201(5) deadline. Was this the intent of Respondent Diño and his political party?" she wrote.

Guanzon added: "It is true that under Rule 2, Section 18 of COMELEC Resolution No. 9984, Respondent Diño had the right to withdraw his COC and be substituted by Respondent Duterte; however, said withdrawal and substitution were made under peculiar circumstances."

Duterte and Diño's camp have yet to respond to the commissioner's questions. — NB/APG, GMA News